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43 U.S.C. § 333Extension of time for completion of irrigation works

submitted 118 years ago by ch. 112 to r/title-43-PUBLIC-LANDS · 152 words · no verdicts yet

in plain englishAI-generated · not legal advice

A settler under certain irrigation land laws can get more time to finish irrigation work. They must prove to the Secretary of the Interior that construction delays were not their fault. After filing a sworn affidavit, they can get up to three extra years to prove reclamation and cultivation.

This section applies to a settler ("entryman") under sections 321 to 323, 325, and 327 to 329 of this title — laws about claiming land tied to irrigation. If that settler has followed the terms, requirements, and provisions of those sections in good faith, but can't yet prove they've reclaimed and cultivated the land as required, they may still get more time — as long as the delay is because of some unavoidable delay in the construction of the irrigating works meant to carry water to the land, through no fault of their own. To get the extra time, the settler must file a corroborated affidavit — a sworn statement backed up by another person — with the land office where the land is located. The affidavit must set out those facts, showing the delay wasn't the settler's fault. The Secretary of the Interior, or an officer the Secretary designates, then has discretion to allow up to three additional years for the settler to furnish the proof of reclamation and cultivation that the law requires.
the actual law source: uscode.house.gov ↗public domain

Any entryman under sections 321 to 323, 325, and 327 to 329 of this title who shall show to the satisfaction of the Secretary of the Interior or such officer as he may designate that he has in good faith complied with the terms, requirements, and provisions of said sections, but that because of some unavoidable delay in the construction of the irrigating works intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said sections, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion of the Secretary or such officer, within which to furnish proof as required by said sections of the completion of said work.

Source credit: (Mar. 28, 1908, ch. 112, § 3, 35 Stat. 52; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit
  • 1908Enacted · Act of Mar. 28, 1908, ch. 112 · 35 Stat. 52

A history note hasn’t been published yet. The record shows enactment by ch. 112 on 1908-03-28.

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